II 

114TH CONGRESS 

1ST SESSION S. 1043 

To ensure that transportation and infrastructure projects carried out using 

Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2015 

Mr. MERKLEY (for himself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To ensure that transportation and infrastructure projects 

carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that 

are produced in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Invest in American Jobs Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

Sec. 101. Federal-aid highway Buy America provisions. 

Sec. 102. Public transportation Buy America provisions. 

Sec. 103. Rail grant Buy America provisions. 

Sec. 104. Rail loan and loan guarantee Buy America provisions. 

Sec. 105. Amtrak Buy America provisions. 

Sec. 106. Aviation Buy America provisions. 

Sec. 107. Department of Transportation Buy America annual report. 

TITLE II—OTHER INFRASTRUCTURE INVESTMENT 

Sec. 201. Drinking water treatment Buy America provisions. 

Sec. 202. Economic development Buy America provisions. 

Sec. 203. FEMA mitigation grant Buy America provisions. 

Sec. 204. Bridges over navigable waters Buy America provisions. 

1 TITLE I—DEPARTMENT OF 

2 TRANSPORTATION 

3 SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVI4 SIONS. 

5 (a) IN GENERAL.—Section 313 of title 23, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 313. Buy America 

8 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

9 STATES.—In this section, the term ‘produced in the 

10 United States’ means, with respect to iron and steel, pro11 duced in a manner in which all manufacturing processes, 

12 including the application of coatings, occurs in the United 

13 States, other than a metallurgical process involving the re14 finement of steel additives. 

15 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

16 IRON, AND MANUFACTURED GOODS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, amounts made available to carry 

3 out this title may not be obligated for a project un4 less the steel, iron, and manufactured goods used for 

5 the project are produced in the United States. 

6 ‘‘(2) SCOPE.—This section applies to all con7 tracts for a project carried out within the scope of 

8 the applicable finding, determination, or decision 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.), regardless of the 

11 funding source of those contracts, if at least 1 con12 tract for the project is funded with amounts made 

13 available to carry out this title. 

14 ‘‘(c) EXCEPTIONS.— 

15 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary 

16 may waive subsection (b) only if the Secretary finds 

17 that— 

18 ‘‘(A) applying subsection (b) would be in19 consistent with the public interest, as deter20 mined in accordance with the regulations issued 

21 in accordance with paragraph (2); 

22 ‘‘(B) the steel, iron, or manufactured 

23 goods required for a project are not produced in 

24 the United States— 


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1 ‘‘(i) in sufficient and reasonably avail2 able quantities; or 

3 ‘‘(ii) to a satisfactory quality; or 

4 ‘‘(C) the use of steel, iron, and manufac5 tured goods produced in the United States for 

6 a project will increase the total cost of the 

7 project by more than 25 percent. 

8 ‘‘(2) REGULATIONS.—Not later than 1 year 

9 after the date of enactment of the Invest in Amer10 ican Jobs Act of 2015, the Secretary shall issue reg11 ulations establishing the criteria that the Secretary 

12 shall use to determine whether the application of 

13 subsection (b) is inconsistent with the public interest 

14 for purposes of paragraph (1)(A). 

15 ‘‘(3) LABOR COSTS.—For purposes of this sub16 section, labor costs involved in final assembly shall 

17 not be included in calculating the cost of compo18 nents. 

19 ‘‘(4) REQUESTS FOR WAIVERS.—A recipient of 

20 assistance under this title seeking a waiver under 

21 paragraph (1) shall submit to the Secretary a re22 quest for the waiver in such form and containing 

23 such information as the Secretary may require. 

24 ‘‘(d) WAIVER REQUIREMENTS.— 


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1 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR2 TUNITY FOR COMMENT ON REQUEST FOR A WAIV3 ER.— 

4 ‘‘(A) IN GENERAL.—If the Secretary re5 ceives a request for a waiver under subsection 

6 (c), the Secretary shall provide notice of and an 

7 opportunity for public comment on the request 

8 at least 30 days before making a finding based 

9 on the request. 

10 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

11 provided under subparagraph (A) shall— 

12 ‘‘(i) include the information available 

13 to the Secretary concerning the request, in14 cluding whether the request is being made 

15 under subparagraph (A), (B), or (C) of 

16 subsection (c)(1); and 

17 ‘‘(ii) be provided by electronic means, 

18 including on the official public Internet site 

19 of the Department of Transportation. 

20 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

21 REGISTER.—If the Secretary issues a waiver under 

22 subsection (c), the Secretary shall publish in the 

23 Federal Register a detailed justification for the 

24 waiver that— 


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1 ‘‘(A) addresses the public comments re2 ceived under paragraph (1)(A); and 

3 ‘‘(B) is published before the waiver takes 

4 effect. 

5 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

6 not impose a limitation or condition on assistance provided 

7 under this title that restricts— 

8 ‘‘(1) a State from imposing requirements that 

9 are more stringent than those imposed under this 

10 section with respect to limiting the use of articles, 

11 materials, or supplies mined, produced, or manufac12 tured in foreign countries for projects carried out 

13 with such assistance; or 

14 ‘‘(2) any recipient of such assistance from com15 plying with the State requirements referred to in 

16 paragraph (1). 

17 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce18 dures established under subpart 9.4 of chapter 1 of title 

19 48, Code of Federal Regulations (or successor regula20 tions), a person shall be ineligible to receive a contract 

21 or subcontract funded with amounts made available to 

22 carry out this title if the Secretary, the head of any de23 partment, agency, or instrumentality of the United States, 

24 or a court determines that the person intentionally— 


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1 ‘‘(1) affixed a label bearing a ‘Made in Amer2 ica’ inscription, or any inscription with the same 

3 meaning, to any steel, iron, or manufactured goods 

4 that— 

5 ‘‘(A) were used in a project to which this 

6 section applies; and 

7 ‘‘(B) were not produced in the United 

8 States; or 

9 ‘‘(2) represented that any steel, iron, or manu10 factured goods were produced in the United States 

11 that— 

12 ‘‘(A) were used in a project to which this 

13 section applies; and 

14 ‘‘(B) were not produced in the United 

15 States. 

16 ‘‘(g) CONSISTENCY WITH INTERNATIONAL AGREE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—This section shall be ap19 plied in a manner that is consistent with United 

20 States obligations under international agreements. 

21 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

22 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

23 Secretary shall prohibit the use of steel, iron, and 

24 manufactured goods produced in a foreign country 

25 in a project funded with amounts made available to 


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1 carry out this title, including any project for which 

2 the Secretary has issued a waiver under subsection 

3 (c), if the Secretary, in consultation with the United 

4 States Trade Representative, determines that the 

5 foreign country is in violation of the terms of an 

6 agreement with the United States by discriminating 

7 against steel, iron, or manufactured goods that are 

8 produced in the United States and covered by the 

9 agreement.’’. 

10 (b) REVIEW OF NATIONWIDE WAIVERS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, and at least every 

13 5 years thereafter, the Secretary of Transportation 

14 shall review each standing nationwide waiver issued 

15 under section 313 of title 23, United States Code, 

16 to determine whether continuing the waiver is nec17 essary. 

18 (2) PUBLIC NOTIFICATION OF AND OPPOR19 TUNITY FOR COMMENT ON REVIEW OF STANDING

20 NATIONWIDE WAIVERS.—In conducting a review 

21 under paragraph (1), the Secretary shall provide no22 tice of and an opportunity for public comment on 

23 the review at least 30 days before completing the re24 view. 


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1 (3) NOTICE REQUIREMENT.—A notice provided 

2 under paragraph (2) shall be provided by electronic 

3 means, including on the official public Internet site 

4 of the Department of Transportation. 

5 (4) DETAILED JUSTIFICATION IN FEDERAL

6 REGISTER.—If the Secretary finds it is necessary to 

7 continue a standing nationwide waiver after a review 

8 under paragraph (1), the Secretary shall publish in 

9 the Federal Register a detailed justification for the 

10 waiver that addresses the public comments received 

11 under paragraph (2). 

12 (c) REPEALS.— 

13 (1) WAIVER NOTIFICATION AND ANNUAL RE14 PORTS.—Section 117 of the SAFETEA–LU Tech15 nical Corrections Act of 2008 (23 U.S.C. 313 note; 

16 Public Law 110–244) is repealed. 

17 (2) NOTICE AND PUBLIC COMMENTS.—Section 

18 123 of title I of division A of the Consolidated Ap19 propriations Act, 2010 (23 U.S.C. 313 note; Public 

20 Law 111–117) is repealed. 

21 SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVI22 SIONS. 

23 (a) IN GENERAL.—Section 5323(j) of title 49, United 

24 States Code, is amended to read as follows: 

25 ‘‘(j) BUY AMERICA.— 


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1 ‘‘(1) DEFINITION OF PRODUCED IN THE

2 UNITED STATES.—In this subsection, the term ‘pro3 duced in the United States’ means, with respect to 

4 iron and steel, produced in a manner in which all 

5 manufacturing processes, including the application 

6 of coatings, occurs in the United States, other than 

7 a metallurgical process involving the refinement of 

8 steel additives. 

9 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

10 STEEL, IRON, AND MANUFACTURED GOODS.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other provision of law, and except as provided 

13 in subparagraph (B), amounts made available 

14 to carry out this chapter may not be obligated 

15 for a project unless the steel, iron, and manu16 factured goods used for the project are pro17 duced in the United States. 

18 ‘‘(B) SPECIAL RULES FOR ROLLING

19 STOCK.— 

20 ‘‘(i) IN GENERAL.—Amounts made 

21 available to carry out this chapter may not 

22 be obligated for the procurement of rolling 

23 stock (including train control, communica24 tion, and traction power equipment, and 

25 rolling stock prototypes) unless, when proVerDate Sep 11 2014 01:13 May 05, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1043.IS S1043

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1 curing such rolling stock under this chap2 ter— 

3 ‘‘(I) the cost of components and 

4 subcomponents produced in the 

5 United States is more than the appli6 cable percentage under clause (ii) of 

7 the cost of all components of the roll8 ing stock; and 

9 ‘‘(II) final assembly of the rolling 

10 stock, including rolling stock proto11 types, occurs in the United States. 

12 ‘‘(ii) APPLICABLE PERCENTAGE.—The 

13 applicable percentage under this clause— 

14 ‘‘(I) for fiscal year 2015 is 60 

15 percent; 

16 ‘‘(II) for fiscal year 2016 is 70 

17 percent; 

18 ‘‘(III) for fiscal year 2017 is 80 

19 percent; 

20 ‘‘(IV) for fiscal year 2018 is 90 

21 percent; and 

22 ‘‘(V) for fiscal year 2019 and 

23 each fiscal year thereafter is 100 per24 cent. 


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1 ‘‘(C) SCOPE.—This subsection applies to 

2 all contracts for a public transportation project 

3 carried out within the scope of the applicable 

4 finding, determination, or decision under the 

5 National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.), regardless of the funding 

7 source of those contracts, if at least 1 contract 

8 for the public transportation project is funded 

9 with amounts made available to carry out this 

10 chapter. 

11 ‘‘(3) EXCEPTIONS.— 

12 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec13 retary may waive paragraph (2) only if the Sec14 retary finds that— 

15 ‘‘(i) applying paragraph (2) would be 

16 inconsistent with the public interest, as de17 termined in accordance with the regula18 tions issued in accordance with subpara19 graph (B); 

20 ‘‘(ii) the steel, iron, or manufactured 

21 goods required for a project are not pro22 duced in the United States— 

23 ‘‘(I) in sufficient and reasonably 

24 available quantities; or 

25 ‘‘(II) to a satisfactory quality; or 


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1 ‘‘(iii) the use of steel, iron, and manu2 factured goods produced in the United 

3 States for a project will increase the total 

4 cost of the project by more than 25 per5 cent. 

6 ‘‘(B) REGULATIONS.—Not later than 1 

7 year after the date of enactment of the Invest 

8 in American Jobs Act of 2015, the Secretary 

9 shall issue regulations establishing the criteria 

10 that the Secretary shall use to determine 

11 whether the application of paragraph (2) is in12 consistent with the public interest for purposes 

13 of subparagraph (A)(i). 

14 ‘‘(C) COMPONENTS OF ROLLING STOCK.— 

15 If the Secretary finds that a component of roll16 ing stock is not produced in the United States 

17 in sufficient and reasonably available quantities 

18 or to a satisfactory quality, the Secretary may 

19 issue a waiver under subparagraph (A) with re20 spect to such component. 

21 ‘‘(D) LABOR COSTS.—For purposes of this 

22 paragraph, labor costs involved in final assem23 bly shall not be included in calculating the cost 

24 of components. 


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1 ‘‘(E) REQUESTS FOR WAIVERS.—A recipi2 ent of assistance under this chapter seeking a 

3 waiver under subparagraph (A) shall submit to 

4 the Secretary a request for the waiver in such 

5 form and containing such information as the 

6 Secretary may require. 

7 ‘‘(4) WAIVER REQUIREMENTS.— 

8 ‘‘(A) PUBLIC NOTIFICATION OF AND OP9 PORTUNITY FOR COMMENT ON REQUEST FOR A

10 WAIVER.— 

11 ‘‘(i) IN GENERAL.—If the Secretary 

12 receives a request for a waiver under para13 graph (3), the Secretary shall provide no14 tice of and an opportunity for public com15 ment on the request at least 30 days be16 fore making a finding based on the re17 quest. 

18 ‘‘(ii) NOTICE REQUIREMENTS.—A no19 tice provided under clause (i) shall— 

20 ‘‘(I) include the information 

21 available to the Secretary concerning 

22 the request, including whether the re23 quest is being made under clause (i), 

24 (ii), or (iii) of paragraph (3)(A); and 


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1 ‘‘(II) be provided by electronic 

2 means, including on the official public 

3 Internet site of the Department of 

4 Transportation. 

5 ‘‘(B) DETAILED JUSTIFICATION IN FED6 ERAL REGISTER.—If the Secretary issues a 

7 waiver under paragraph (3), the Secretary shall 

8 publish in the Federal Register a detailed jus9 tification for the waiver that— 

10 ‘‘(i) addresses the public comments 

11 received under subparagraph (A)(i); and 

12 ‘‘(ii) is published before the waiver 

13 takes effect. 

14 ‘‘(5) STATE REQUIREMENTS.—The Secretary 

15 may not impose a limitation or condition on assist16 ance provided under this chapter that restricts— 

17 ‘‘(A) a State from imposing requirements 

18 that are more stringent than those imposed 

19 under this subsection with respect to limiting 

20 the use of articles, materials, or supplies mined, 

21 produced, or manufactured in foreign countries 

22 for projects carried out with such assistance; or 

23 ‘‘(B) any recipient of such assistance from 

24 complying with the State requirements. 


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1 ‘‘(6) INTENTIONAL VIOLATIONS.—Pursuant to 

2 procedures established under subpart 9.4 of chapter 

3 1 of title 48, Code of Federal Regulations (or suc4 cessor regulations), a person shall be ineligible to re5 ceive a contract or subcontract funded with amounts 

6 made available to carry out this chapter or any other 

7 law providing Federal public transportation assist8 ance if the Secretary, the head of any department, 

9 agency, or instrumentality of the United States, or 

10 a court determines that such person intentionally— 

11 ‘‘(A) affixed a label bearing a ‘Made in 

12 America’ inscription, or any inscription with the 

13 same meaning, to any steel, iron, or manufac14 tured goods that— 

15 ‘‘(i) were used in a project to which 

16 this subsection applies; and 

17 ‘‘(ii) were not produced in the United 

18 States; or 

19 ‘‘(B) represented that any steel, iron, or 

20 manufactured goods were produced in the 

21 United States that— 

22 ‘‘(i) were used in a project to which 

23 this subsection applies; and 

24 ‘‘(ii) were not produced in the United 

25 States. 


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1 ‘‘(7) CONSISTENCY WITH INTERNATIONAL

2 AGREEMENTS.— 

3 ‘‘(A) IN GENERAL.—This subsection shall 

4 be applied in a manner that is consistent with 

5 United States obligations under international 

6 agreements. 

7 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

8 IN VIOLATION OF INTERNATIONAL AGREE9 MENTS.—The Secretary shall prohibit the use 

10 of steel, iron, and manufactured goods produced 

11 in a foreign country in a project funded with 

12 amounts made available to carry out this chap13 ter or any other law providing Federal public 

14 transportation assistance, including any project 

15 for which the Secretary has issued a waiver 

16 under paragraph (3), if the Secretary, in con17 sultation with the United States Trade Rep18 resentative, determines that the foreign country 

19 is in violation of the terms of an agreement 

20 with the United States by discriminating 

21 against steel, iron, or manufactured goods that 

22 are produced in the United States and covered 

23 by the agreement. 

24 ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT

25 ERROR.—The Secretary may allow a manufacturer 


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1 or supplier of steel, iron, or manufactured goods to 

2 correct after bid opening an incomplete Buy America 

3 certificate or an incorrect certificate of noncompli4 ance (but not a failure to sign a certificate, a sub5 mission of both a certificate of compliance and a cer6 tificate of noncompliance, or a failure to submit any 

7 certificate) under this subsection if such manufac8 turer or supplier attests under penalty of perjury 

9 that such manufacturer or supplier submitted an in10 complete or incorrect certificate as a result of an in11 advertent or clerical error. The burden of estab12 lishing inadvertent or clerical error is on the manu13 facturer or supplier.’’. 

14 (b) REVIEW OF GENERAL PUBLIC INTEREST WAIV15 ERS.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, and at least every 

18 5 years thereafter, the Secretary of Transportation 

19 shall review the general public interest waivers de20 scribed in subsection (b) of Appendix A to section 

21 661.7 of title 49, Code of Federal Regulations, to 

22 determine whether continuing such waivers is in the 

23 public interest. 

24 (2) PUBLIC NOTIFICATION OF AND OPPOR25 TUNITY FOR COMMENT ON REVIEW OF STANDING


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1 NATIONWIDE WAIVERS.—In conducting a review 

2 under paragraph (1), the Secretary shall provide no3 tice of and an opportunity for public comment on 

4 the review at least 30 days before completing the re5 view. 

6 (3) NOTICE REQUIREMENT.—A notice provided 

7 under paragraph (2) shall be provided by electronic 

8 means, including on the official public Internet site 

9 of the Department of Transportation. 

10 (4) DETAILED JUSTIFICATION IN FEDERAL

11 REGISTER.—If the Secretary finds it is necessary to 

12 continue a standing nationwide waiver after a review 

13 under paragraph (1), the Secretary shall publish in 

14 the Federal Register a detailed justification for such 

15 waiver that addresses the public comments received 

16 under paragraph (2). 

17 SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS. 

18 (a) IN GENERAL.—Section 24405(a) of title 49, 

19 United States Code, is amended to read as follows: 

20 ‘‘(a) BUY AMERICA.— 

21 ‘‘(1) DEFINITION OF PRODUCED IN THE

22 UNITED STATES.—In this subsection, the term ‘pro23 duced in the United States’ means, with respect to 

24 iron and steel, produced in a manner in which all 

25 manufacturing processes, including the application 


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1 of coatings, occurs in the United States, other than 

2 a metallurgical process involving the refinement of 

3 steel additives. 

4 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

5 STEEL, IRON, AND MANUFACTURED GOODS.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding any 

7 other provision of law, amounts made available 

8 to carry out this chapter, chapter 223, chapter 

9 261, or section 20154 or 24105 may not be ob10 ligated for a project unless the steel, iron, and 

11 manufactured goods used for the project are 

12 produced in the United States. 

13 ‘‘(B) SCOPE.—This subsection applies to 

14 all contracts for a project carried out within the 

15 scope of the applicable finding, determination, 

16 or decision under the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

18 regardless of the funding source of those con19 tracts, if at least 1 contract for the project is 

20 funded with amounts made available to carry 

21 out a provision described in subparagraph (A). 

22 ‘‘(3) EXCEPTIONS.— 

23 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec24 retary of Transportation may waive paragraph 

25 (2) if the Secretary determines that— 


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1 ‘‘(i) applying paragraph (2) would be 

2 inconsistent with the public interest, as de3 termined in accordance with the regula4 tions issued in accordance with subpara5 graph (B); 

6 ‘‘(ii) the steel, iron, or manufactured 

7 goods required for a project are not pro8 duced in the United States— 

9 ‘‘(I) in sufficient and reasonably 

10 available quantities; or 

11 ‘‘(II) to a satisfactory quality; or 

12 ‘‘(iii) the use of steel, iron, and manu13 factured goods produced in the United 

14 States for a project will increase the total 

15 cost of the project by more than 25 per16 cent. 

17 ‘‘(B) RULEMAKING.—Not later than 1 

18 year after the date of the enactment of the In19 vest in American Jobs Act of 2015, the Sec20 retary shall issue regulations establishing the 

21 criteria that the Secretary shall use to deter22 mine whether the application of paragraph (2) 

23 is inconsistent with the public interest for pur24 poses of subparagraph (A)(i). 


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1 ‘‘(C) LABOR COSTS.—For purposes of this 

2 paragraph, labor costs involved in final assem3 bly shall not be included in calculating the cost 

4 of components. 

5 ‘‘(D) REQUESTS FOR WAIVERS.—A recipi6 ent of assistance under this chapter, chapter 

7 223, chapter 261, or section 20154 or 24105 

8 seeking a waiver under subparagraph (A) shall 

9 submit to the Secretary a request for the waiver 

10 in such form and containing such information 

11 as the Secretary may require. 

12 ‘‘(4) WAIVER REQUIREMENTS.— 

13 ‘‘(A) PUBLIC NOTIFICATION OF AND OP14 PORTUNITY FOR COMMENT ON REQUEST FOR A

15 WAIVER.— 

16 ‘‘(i) IN GENERAL.—If the Secretary 

17 receives a request for a waiver under para18 graph (3), the Secretary shall provide no19 tice of, and an opportunity for, public com20 ment on the request at least 30 days be21 fore making a determination based on the 

22 request. 

23 ‘‘(ii) NOTICE REQUIREMENTS.—A no24 tice under clause (i) shall— 


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1 ‘‘(I) include the information 

2 available to the Secretary concerning 

3 the request, including whether the re4 quest is being made under clause (i), 

5 (ii), or (iii) of paragraph (3)(A); and 

6 ‘‘(II) be provided by electronic 

7 means, including on the official public 

8 Internet site of the Department of 

9 Transportation. 

10 ‘‘(B) DETAILED JUSTIFICATION IN FED11 ERAL REGISTER.—If the Secretary issues a 

12 waiver under paragraph (3), the Secretary shall 

13 publish, in the Federal Register, a detailed jus14 tification for the waiver that— 

15 ‘‘(i) addresses the public comments 

16 received under subparagraph (A)(i); and 

17 ‘‘(ii) is published before the waiver 

18 takes effect. 

19 ‘‘(5) STATE REQUIREMENTS.—The Secretary 

20 may not impose a limitation or condition on assist21 ance provided under this chapter, chapter 223, chap22 ter 261, or section 20154 or 24105 that restricts— 

23 ‘‘(A) a State from imposing requirements 

24 that are more stringent than those imposed 

25 under this subsection with respect to limiting 


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1 the use of articles, materials, or supplies mined, 

2 produced, or manufactured in foreign countries 

3 for projects carried out with such assistance; or 

4 ‘‘(B) any recipient of such assistance from 

5 complying with such State requirements. 

6 ‘‘(6) INTENTIONAL VIOLATIONS.—Pursuant to 

7 procedures established under subpart 9.4 of chapter 

8 1 of title 48, Code of Federal Regulations (or suc9 cessor regulations), a person shall be ineligible to re10 ceive a contract or subcontract funded with amounts 

11 made available to carry out this chapter, chapter 

12 223, chapter 261, or section 20154 or 24105 if the 

13 Secretary, the head of any department, agency, or 

14 instrumentality of the United States, or a court de15 termines that such person intentionally— 

16 ‘‘(A) affixed a label bearing a ‘Made in 

17 America’ inscription, or any inscription with the 

18 same meaning, to any steel, iron, or manufac19 tured goods that— 

20 ‘‘(i) were used in a project to which 

21 this subsection applies; and 

22 ‘‘(ii) were not produced in the United 

23 States; or 


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1 ‘‘(B) represented that any steel, iron, or 

2 manufactured goods were produced in the 

3 United States if such items— 

4 ‘‘(i) were used in a project to which 

5 this subsection applies; and 

6 ‘‘(ii) were not produced in the United 

7 States. 

8 ‘‘(7) CONSISTENCY WITH INTERNATIONAL

9 AGREEMENTS.— 

10 ‘‘(A) IN GENERAL.—This subsection shall 

11 be applied in a manner that is consistent with 

12 United States obligations under international 

13 agreements. 

14 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

15 IN VIOLATION OF INTERNATIONAL AGREE16 MENTS.—The Secretary shall prohibit the use 

17 of steel, iron, and manufactured goods produced 

18 in a foreign country in a project funded with 

19 amounts made available to carry out this chap20 ter, chapter 223, chapter 261, or section 20154 

21 or 24105, including any project for which the 

22 Secretary has issued a waiver under paragraph 

23 (3), if the Secretary, in consultation with the 

24 United States Trade Representative, determines 

25 that the foreign country is in violation of the 


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1 terms of an agreement with the United States 

2 by discriminating against steel, iron, or manu3 factured goods that are produced in the United 

4 States and covered by the agreement. 

5 ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT

6 ERROR.—The Secretary may allow a manufacturer 

7 or supplier of steel, iron, or manufactured goods to 

8 correct after bid opening an incomplete Buy America 

9 certificate or an incorrect certificate of noncompli10 ance (but not a failure to sign a certificate, a sub11 mission of both a certificate of compliance and a cer12 tificate of noncompliance, or a failure to submit any 

13 certificate) under this subsection if such manufac14 turer or supplier attests under penalty of perjury 

15 that such manufacturer or supplier submitted an in16 complete or incorrect certificate as a result of an in17 advertent or clerical error. The burden of estab18 lishing inadvertent or clerical error is on the manu19 facturer or supplier.’’. 

20 (b) REVIEW OF NATIONWIDE WAIVERS.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of the enactment of this Act, and at least 

23 every 5 years thereafter, the Secretary of Transpor24 tation shall review each standing nationwide waiver 

25 issued under section 24405(a) of title 49, United 


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1 States Code, to determine whether continuing that 

2 waiver is necessary. 

3 (2) PUBLIC NOTIFICATION OF AND OPPOR4 TUNITY FOR COMMENT ON REVIEW OF STANDING

5 NATIONWIDE WAIVERS.—In conducting a review 

6 under paragraph (1), the Secretary shall provide no7 tice of and an opportunity for public comment on 

8 the review at least 30 days before completing the re9 view. 

10 (3) NOTICE REQUIREMENT.—A notice provided 

11 under paragraph (2) shall be provided by electronic 

12 means, including on the official public Internet site 

13 of the Department of Transportation. 

14 (4) DETAILED JUSTIFICATION IN FEDERAL

15 REGISTER.—If the Secretary finds it is necessary to 

16 continue a standing nationwide waiver after a review 

17 under paragraph (1), the Secretary shall publish in 

18 the Federal Register a detailed justification for such 

19 waiver that addresses the public comments received 

20 under paragraph (2). 

21 SEC. 104. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA 

22 PROVISIONS. 

23 Section 502(h)(3) of the Railroad Revitalization and 

24 Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(3)) is 

25 amended— 


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1 (1) in subparagraph (A), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (B), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(C) the requirements under section 

7 24405(a) of title 49, United States Code.’’. 

8 SEC. 105. AMTRAK BUY AMERICA PROVISIONS. 

9 (a) IN GENERAL.—Section 24305(f) of title 49, 

10 United States Code, is amended to read as follows: 

11 ‘‘(f) BUY AMERICA.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) PRODUCED IN THE UNITED

14 STATES.—The term ‘produced in the United 

15 States’ means, with respect to iron and steel, 

16 produced in a manner in which all manufac17 turing processes, including the application of 

18 coatings, occurs in the United States, other 

19 than a metallurgical process involving the re20 finement of steel additives. 

21 ‘‘(B) UNITED STATES.—The term ‘United 

22 States’ means the States, territories, and pos23 sessions of the United States and the District 

24 of Columbia. 


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1 ‘‘(2) DOMESTIC SOURCE REQUIREMENT FOR

2 STEEL, IRON, AND MANUFACTURED GOODS.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding any 

4 other provision of law, amounts made available 

5 to Amtrak under section 101(c) of the Pas6 senger Rail Investment and Improvement Act of 

7 2008 (division B of Public Law 110–432) may 

8 not be used for a capital project (as defined in 

9 subparagraphs (A) and (B) of section 

10 24401(2)) to bring the Northeast Corridor to a 

11 state-of-good-repair or for any other capital ex12 pense of Amtrak unless the steel, iron, and 

13 manufactured goods used for the project or 

14 other capital expense are produced in the 

15 United States. 

16 ‘‘(B) SCOPE.—This subsection applies to 

17 all contracts for a project or other capital ex18 pense carried out within the scope of the appli19 cable finding, determination, or decision under 

20 the National Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.), regardless of the 

22 funding source of such contracts, if at least 1 

23 contract with respect to the project or other 

24 capital expense is funded with amounts made 


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1 available under section 101(c) of the Passenger 

2 Rail Investment and Improvement Act of 2008. 

3 ‘‘(3) EXCEPTIONS.— 

4 ‘‘(A) ISSUANCE OF WAIVERS.—The Sec5 retary of Transportation may waive paragraph 

6 (2) if the Secretary determines that— 

7 ‘‘(i) applying paragraph (2) would be 

8 inconsistent with the public interest, as de9 termined in accordance with the regula10 tions issued in accordance with subpara11 graph (B); 

12 ‘‘(ii) the steel, iron, or manufactured 

13 goods required for a project or other cap14 ital expense are not produced in the 

15 United States— 

16 ‘‘(I) in sufficient and reasonably 

17 available quantities; or 

18 ‘‘(II) to a satisfactory quality; or 

19 ‘‘(iii) the use of steel, iron, and manu20 factured goods produced in the United 

21 States for a project or other capital ex22 pense will increase the total cost of the 

23 project or expense by more than 25 per24 cent. 


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1 ‘‘(B) REGULATIONS.—Not later than 1 

2 year after the date of the enactment of the In3 vest in American Jobs Act of 2015, the Sec4 retary shall issue regulations establishing the 

5 criteria that the Secretary shall use to deter6 mine whether the application of paragraph (2) 

7 is inconsistent with the public interest for pur8 poses of subparagraph (A)(i). 

9 ‘‘(C) LABOR COSTS.—For purposes of this 

10 paragraph, labor costs involved in final assem11 bly shall not be included in calculating the cost 

12 of components. 

13 ‘‘(D) REQUESTS FOR WAIVERS.—If Am14 trak seeks a waiver under subparagraph (A), 

15 Amtrak shall submit to the Secretary a request 

16 for the waiver in such form and containing such 

17 information as the Secretary may require. 

18 ‘‘(4) WAIVER REQUIREMENTS.— 

19 ‘‘(A) PUBLIC NOTIFICATION OF AND OP20 PORTUNITY FOR COMMENT ON REQUEST FOR A

21 WAIVER.— 

22 ‘‘(i) IN GENERAL.—If the Secretary 

23 receives a request for a waiver from Am24 trak under paragraph (3), the Secretary 

25 shall provide notice of, and an opportunity 


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1 for, public comment on the request at least 

2 30 days before making a determination 

3 based on the request. 

4 ‘‘(ii) NOTICE REQUIREMENTS.—A no5 tice under clause (i) shall— 

6 ‘‘(I) include the information 

7 available to the Secretary concerning 

8 the request, including whether the re9 quest is being made under clause (i), 

10 (ii), or (iii) of paragraph (3)(A); and 

11 ‘‘(II) be provided by electronic 

12 means, including on the official public 

13 Internet site of the Department of 

14 Transportation. 

15 ‘‘(B) DETAILED JUSTIFICATION IN FED16 ERAL REGISTER.—If the Secretary issues a 

17 waiver under paragraph (3), the Secretary shall 

18 publish, in the Federal Register, a detailed jus19 tification for the waiver that— 

20 ‘‘(i) addresses the public comments 

21 received under subparagraph (A)(i); and 

22 ‘‘(ii) is published before the waiver 

23 takes effect. 


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1 ‘‘(5) STATE REQUIREMENTS.—The Secretary 

2 may not impose a limitation or condition on assist3 ance provided under this section that restricts— 

4 ‘‘(A) a State from imposing requirements 

5 that are more stringent than those imposed 

6 under this subsection with respect to limiting 

7 the use of articles, materials, or supplies mined, 

8 produced, or manufactured in foreign countries 

9 for capital projects or other capital expenses 

10 carried out with such assistance; or 

11 ‘‘(B) any recipient of such assistance from 

12 complying with such State requirements. 

13 ‘‘(6) INTENTIONAL VIOLATIONS.—Pursuant to 

14 procedures established under subpart 9.4 of chapter 

15 1 of title 48, Code of Federal Regulations (or suc16 cessor regulations), a person shall be ineligible to re17 ceive a contract or subcontract funded with amounts 

18 described in paragraph (2)(A) if the Secretary, the 

19 head of any department, agency, or instrumentality 

20 of the United States, or a court determines that 

21 such person intentionally— 

22 ‘‘(A) affixed a label bearing a ‘Made in 

23 America’ inscription, or any inscription with the 

24 same meaning, to any steel, iron, or manufac25 tured goods that— 


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1 ‘‘(i) were used in a capital project or 

2 other capital expense to which this sub3 section applies; and 

4 ‘‘(ii) were not produced in the United 

5 States; or 

6 ‘‘(B) represented that any steel, iron, or 

7 manufactured goods were produced in the 

8 United States if such items— 

9 ‘‘(i) were used in a capital project or 

10 other capital expense to which this sub11 section applies; and 

12 ‘‘(ii) were not produced in the United 

13 States. 

14 ‘‘(7) CONSISTENCY WITH INTERNATIONAL

15 AGREEMENTS.— 

16 ‘‘(A) IN GENERAL.—This subsection shall 

17 be applied in a manner that is consistent with 

18 United States obligations under international 

19 agreements. 

20 ‘‘(B) TREATMENT OF FOREIGN COUNTRIES

21 IN VIOLATION OF INTERNATIONAL AGREE22 MENTS.—The Secretary shall prohibit the use 

23 of steel, iron, and manufactured goods produced 

24 in a foreign country in a capital project or 

25 other capital expense funded with amounts deVerDate Sep 11 2014 01:13 May 05, 2015 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1043.IS S1043

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1 scribed in paragraph (2)(A), including any 

2 project or capital expense for which the Sec3 retary has issued a waiver under paragraph (3), 

4 if the Secretary, in consultation with the United 

5 States Trade Representative, determines that 

6 the foreign country is in violation of the terms 

7 of an agreement with the United States by dis8 criminating against steel, iron, or manufactured 

9 goods that are produced in the United States 

10 and covered by the agreement.’’. 

11 (b) REVIEW OF NATIONWIDE WAIVERS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, and at least 

14 every 5 years thereafter, the Secretary of Transpor15 tation shall review each standing nationwide waiver 

16 issued under section 24305(f) of title 49, United 

17 States Code, to determine whether continuing such 

18 waiver is necessary. 

19 (2) PUBLIC NOTIFICATION OF AND OPPOR20 TUNITY FOR COMMENT ON REVIEW OF STANDING

21 NATIONWIDE WAIVERS.—In conducting a review 

22 under paragraph (1), the Secretary shall provide no23 tice of and an opportunity for public comment on 

24 the review at least 30 days before completing the re25 view. 


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1 (3) NOTICE REQUIREMENT.—A notice provided 

2 under paragraph (2) shall be provided by electronic 

3 means, including on the official public Internet site 

4 of the Department of Transportation. 

5 (4) DETAILED JUSTIFICATION IN FEDERAL

6 REGISTER.—If the Secretary finds it is necessary to 

7 continue a standing nationwide waiver after a review 

8 under paragraph (1), the Secretary shall publish in 

9 the Federal Register a detailed justification for such 

10 waiver that addresses the public comments received 

11 under paragraph (2). 

12 SEC. 106. AVIATION BUY AMERICA PROVISIONS. 

13 (a) BUY-AMERICAN PREFERENCES.—Chapter 501 of 

14 title 49, United States Code, is amended by striking the 

15 chapter heading and inserting the following: ‘‘BUY 

16 AMERICA’’. 

17 (b) ENHANCEMENTS TO BUY AMERICA REQUIRE18 MENTS.—Section 50101 of such title is amended to read 

19 as follows: 

20 ‘‘§ 50101. Buy America 

21 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

22 STATES.—In this section, the term ‘produced in the 

23 United States’ means, with respect to iron and steel, pro24 duced in a manner in which all manufacturing processes, 

25 including the application of coatings, occurs in the United 


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1 States, other than a metallurgical process involving the re2 finement of steel additives. 

3 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

4 IRON, AND MANUFACTURED GOODS.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law, and except as provided in para7 graph (2), funds made available to carry out section 

8 106(k), 44502(a)(2), or 44509, subchapter I of 

9 chapter 471 (except section 47127), or chapter 481 

10 (except sections 48102(e), 48106, 48107, and 

11 48110) of this title may not be obligated for a 

12 project unless the steel, iron, and manufactured 

13 goods used for the project are produced in the 

14 United States. 

15 ‘‘(2) SPECIAL RULES FOR CERTAIN FACILITIES

16 AND EQUIPMENT.—With respect to a project for the 

17 procurement of a facility or equipment, funds made 

18 available to carry out the provisions specified in 

19 paragraph (1) may not be obligated for the project 

20 unless— 

21 ‘‘(A) the cost of components and sub22 components produced in the United States— 

23 ‘‘(i) for fiscal year 2016 is more than 

24 60 percent of the cost of all components of 

25 the facility or equipment; 


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1 ‘‘(ii) for fiscal year 2017 is more than 

2 70 percent of the cost of all components of 

3 the facility or equipment; 

4 ‘‘(iii) for fiscal year 2018 is more 

5 than 80 percent of the cost of all compo6 nents of the facility or equipment; 

7 ‘‘(iv) for fiscal year 2019 is more than 

8 90 percent of the cost of all components of 

9 the facility or equipment; and 

10 ‘‘(v) for fiscal year 2020, and each fis11 cal year thereafter, is 100 percent of the 

12 cost of all components of the facility or 

13 equipment; and 

14 ‘‘(B) final assembly of the facility or equip15 ment occurs in the United States. 

16 ‘‘(3) SCOPE.—The requirements of this section 

17 apply to all contracts for a project carried out within 

18 the scope of the applicable finding, determination, or 

19 decision under the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 

21 the funding source of such contracts, if at least 1 

22 contract for the project is funded with amounts 

23 made available to carry out a provision specified in 

24 paragraph (1). 

25 ‘‘(c) EXCEPTIONS.— 


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1 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary of 

2 Transportation may waive the requirements of sub3 section (b) only if the Secretary finds that— 

4 ‘‘(A) applying subsection (b) would be in5 consistent with the public interest, as deter6 mined in accordance with the regulations re7 quired under paragraph (2); 

8 ‘‘(B) the steel, iron, or manufactured 

9 goods required for a project are not produced in 

10 the United States— 

11 ‘‘(i) in sufficient and reasonably avail12 able quantities; or 

13 ‘‘(ii) to a satisfactory quality; or 

14 ‘‘(C) the use of steel, iron, and manufac15 tured goods produced in the United States for 

16 a project will increase the total cost of the 

17 project by more than 25 percent. 

18 ‘‘(2) REGULATIONS.—Not later than 1 year 

19 after the date of enactment of the Invest in Amer20 ican Jobs Act of 2015, the Secretary shall issue reg21 ulations establishing the criteria that the Secretary 

22 shall use to determine whether the application of 

23 subsection (b) is inconsistent with the public interest 

24 for purposes of paragraph (1)(A). 


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1 ‘‘(3) LABOR COSTS.—For purposes of this sec2 tion, labor costs involved in final assembly are not 

3 included in calculating the cost of components. 

4 ‘‘(4) REQUESTS FOR WAIVERS.—An entity seek5 ing a waiver under paragraph (1) shall submit to the 

6 Secretary a request for the waiver in such form and 

7 containing such information as the Secretary may 

8 require. 

9 ‘‘(5) PREFERENCE FOR AMERICAN-ASSEMBLED

10 FACILITIES AND EQUIPMENT.—In the procurement 

11 of a facility or equipment subject to a waiver issued 

12 under paragraph (1), the Secretary shall give pref13 erence to a facility or equipment for which final as14 sembly occurred in the United States. 

15 ‘‘(6) LIMITATION ON WAIVER AUTHORITY.—In 

16 the procurement of a facility or equipment, if the 

17 Secretary finds that a component of the facility or 

18 equipment is not produced in the United States in 

19 sufficient and reasonably available quantities or to a 

20 satisfactory quality, the Secretary may issue a waiv21 er under paragraph (1) with respect to such compo22 nent. 

23 ‘‘(d) WAIVER REQUIREMENTS.— 


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1 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR2 TUNITY FOR COMMENT ON REQUEST FOR A WAIV3 ER.— 

4 ‘‘(A) IN GENERAL.—If the Secretary re5 ceives a request for a waiver under subsection 

6 (c), the Secretary shall provide notice of and an 

7 opportunity for public comment on the request 

8 at least 30 days before making a finding based 

9 on the request. 

10 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

11 provided under subparagraph (A) shall— 

12 ‘‘(i) include the information available 

13 to the Secretary concerning the request, in14 cluding whether the request is being made 

15 under subparagraph (A), (B), or (C) of 

16 subsection (c)(1); and 

17 ‘‘(ii) be provided by electronic means, 

18 including on the official public Internet site 

19 of the Department of Transportation. 

20 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

21 REGISTER.—If the Secretary issues a waiver under 

22 subsection (c), the Secretary shall publish in the 

23 Federal Register a detailed justification for the 

24 waiver that— 


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1 ‘‘(A) addresses the public comments re2 ceived under paragraph (1)(A); and 

3 ‘‘(B) is published before the waiver takes 

4 effect. 

5 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

6 not impose a limitation or condition on assistance provided 

7 with funds made available to carry out a provision speci8 fied in subsection (b)(1) that restricts— 

9 ‘‘(1) a State from imposing requirements that 

10 are more stringent than those imposed under this 

11 section with respect to limiting the use of articles, 

12 materials, or supplies mined, produced, or manufac13 tured in foreign countries for projects carried out 

14 with such assistance; or 

15 ‘‘(2) any recipient of such assistance from com16 plying with such State requirements. 

17 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE18 MENTS.— 

19 ‘‘(1) IN GENERAL.—This section shall be ap20 plied in a manner that is consistent with United 

21 States obligations under international agreements. 

22 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

23 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

24 Secretary shall prohibit the use of steel, iron, and 

25 manufactured goods produced in a foreign country 


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1 in a project funded with funds made available to 

2 carry out a provision specified in subsection (b)(1), 

3 including any project for which the Secretary has 

4 issued a waiver under subsection (c), if the Sec5 retary, in consultation with the United States Trade 

6 Representative, determines that the foreign country 

7 is in violation of the terms of an agreement with the 

8 United States by discriminating against steel, iron, 

9 or manufactured goods that are produced in the 

10 United States and covered by the agreement.’’. 

11 (c) CLERICAL AMENDMENTS.— 

12 (1) SUBTITLE ANALYSIS.—The analysis for 

13 subtitle VII of title 49, United States Code, is 

14 amended by striking the item relating to chapter 

15 501 and inserting the following: 

‘‘501. Buy America .................................................................................. 50101’’. 

16 (2) CHAPTER ANALYSIS.—The analysis for 

17 chapter 501 of title 49, United States Code, is 

18 amended by striking the item relating to section 

19 50101 and inserting the following: 

‘‘50101. Buy America.’’. 

20 (d) PROHIBITION ON CONTRACTING UPON FAL21 SIFICATION OF LABEL.—Section 50105 of such title is 

22 amended by inserting ‘‘steel, iron, or manufactured’’ be23 fore ‘‘goods’’. 

24 (e) REVIEW OF NATIONWIDE WAIVERS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, and not less fre3 quently than every 5 years thereafter, the Secretary 

4 of Transportation shall review each standing nation5 wide waiver issued under section 50101 of title 49, 

6 United States Code, to determine whether con7 tinuing such waiver is necessary. 

8 (2) PUBLIC NOTIFICATION OF AND OPPOR9 TUNITY FOR COMMENT ON REVIEW OF STANDING

10 NATIONWIDE WAIVERS.—In conducting a review 

11 under paragraph (1), the Secretary shall provide no12 tice of and an opportunity for public comment on 

13 the review at least 30 days before completing the re14 view. 

15 (3) NOTICE REQUIREMENT.—A notice provided 

16 under paragraph (2) shall be provided by electronic 

17 means, including on the official public Internet site 

18 of the Department of Transportation. 

19 (4) DETAILED JUSTIFICATION IN FEDERAL

20 REGISTER.—If the Secretary finds it is necessary to 

21 continue a standing nationwide waiver after a review 

22 under paragraph (1), the Secretary shall publish in 

23 the Federal Register a detailed justification for such 

24 waiver that addresses the public comments received 

25 under paragraph (2). 


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1 SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMER2 ICA ANNUAL REPORT. 

3 Section 308 of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(f) BUY AMERICA.—Not later than February 1 of 

6 each year beginning after the date of enactment of this 

7 subsection, the Secretary shall submit to Congress a re8 port that— 

9 ‘‘(1) specifies each project with respect to which 

10 the Secretary issued a waiver from a Buy America 

11 requirement during the preceding calendar year; 

12 ‘‘(2) identifies the country of origin and product 

13 specifications for steel, iron, or manufactured goods 

14 acquired pursuant to each waiver from a Buy Amer15 ica requirement issued by the Secretary during the 

16 preceding calendar year; 

17 ‘‘(3) summarizes the monetary value of con18 tracts awarded pursuant to each waiver; 

19 ‘‘(4) provides the justification for each waiver, 

20 including the specific law, treaty, or international 

21 agreement under which the waiver was granted; 

22 ‘‘(5) summarizes the funds expended on— 

23 ‘‘(A) steel, iron, and manufactured goods 

24 produced in the United States for projects with 

25 respect to which a Buy America requirement, 


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1 under which the Secretary has waiver authority, 

2 applied during the preceding calendar year; and 

3 ‘‘(B) steel, iron, and manufactured goods 

4 produced outside the United States for projects 

5 with respect to which the Secretary issued a 

6 waiver from a Buy America requirement during 

7 the preceding calendar year; and 

8 ‘‘(6) provides an employment impact analysis of 

9 the cumulative effect of all waivers from a Buy 

10 America requirement issued by the Secretary during 

11 the preceding calendar year on manufacturing em12 ployment in the United States.’’. 

13 TITLE II—OTHER 

14 INFRASTRUCTURE INVESTMENT 

15 SEC. 201. DRINKING WATER TREATMENT BUY AMERICA 

16 PROVISIONS. 

17 (a) IN GENERAL.—Section 1452(a) of the Safe 

18 Drinking Water Act (42 U.S.C. 300j–12(a)) is amended 

19 by adding at the end the following: 

20 ‘‘(4) REQUIREMENT FOR USE OF AMERICAN MA21 TERIALS.— 

22 ‘‘(A) DEFINITION OF PRODUCED IN THE

23 UNITED STATES.—In this paragraph, the term 

24 ‘produced in the United States’ means, with re25 spect to iron and steel, produced in a manner 


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1 in which all manufacturing processes, including 

2 the application of coatings, occurs in the United 

3 States, other than a metallurgical process in4 volving the refinement of steel additives. 

5 ‘‘(B) REQUIREMENT.—Notwithstanding 

6 any other provision of law, none of the funds 

7 made available by a State loan fund, as author8 ized under this section, may be used for a 

9 project for the construction, alteration, mainte10 nance, or repair of a public water system unless 

11 the steel, iron, and manufactured goods used in 

12 that project are produced in the United States. 

13 ‘‘(C) WAIVERS.—Subparagraph (B) shall 

14 not apply in any case in which the Adminis15 trator, in consultation with the Governor of the 

16 applicable State, finds that— 

17 ‘‘(i) applying subparagraph (B) would 

18 be inconsistent with the public interest; 

19 ‘‘(ii) the steel, iron, and manufactured 

20 goods are not produced in the United 

21 States in sufficient and reasonably avail22 able quantities and of a satisfactory qual23 ity; or 

24 ‘‘(iii) inclusion of steel, iron, and man25 ufactured goods produced in the United 


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1 States will increase the cost of the overall 

2 project by more than 25 percent. 

3 ‘‘(D) PUBLIC NOTIFICATION AND WRITTEN

4 JUSTIFICATION FOR WAIVER.—If the Adminis5 trator determines that it is necessary to waive 

6 the application of subparagraph (B) based on a 

7 finding under subparagraph (C), the Adminis8 trator shall— 

9 ‘‘(i) not less than 15 days prior to 

10 waiving the application of subparagraph 

11 (B), provide public notice and the oppor12 tunity to comment on the intent of the Ad13 ministrator to issue the waiver; and 

14 ‘‘(ii) on issuing the waiver, publish in 

15 the Federal Register a detailed written jus16 tification as to why the provision is being 

17 waived. 

18 ‘‘(E) ANNUAL REPORT.—Not later than 

19 the first February 1 after the date of enact20 ment of this paragraph and not later than each 

21 February 1 thereafter, the Administrator shall 

22 submit to the Committee on Environment and 

23 Public Works of the Senate and the Committee 

24 on Transportation and Infrastructure of the 

25 House of Representatives a report that— 


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1 ‘‘(i) specifies each project with respect 

2 to which the Administrator issued a waiver 

3 under subparagraph (C) during the pre4 ceding calendar year; 

5 ‘‘(ii) identifies the country of origin 

6 and product specifications for steel, iron, 

7 or manufactured goods acquired pursuant 

8 to each waiver under subparagraph (C) 

9 issued by the Administrator during the 

10 preceding calendar year; 

11 ‘‘(iii) summarizes the monetary value 

12 of contracts awarded pursuant to each 

13 waiver; 

14 ‘‘(iv) provides the justification for 

15 each waiver, including the specific law, 

16 treaty, or international agreement under 

17 which the waiver was granted; 

18 ‘‘(v) summarizes the amounts ex19 pended on— 

20 ‘‘(I) steel, iron, and manufac21 tured goods produced in the United 

22 States for projects with respect to 

23 which the Buy America requirement 

24 under this paragraph applied during 

25 the preceding calendar year; and 


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1 ‘‘(II) steel, iron, and manufac2 tured goods produced outside the 

3 United States for projects with re4 spect to which the Administrator 

5 issued a waiver under subparagraph 

6 (C) during the preceding calendar 

7 year; and 

8 ‘‘(vi) provides an employment impact 

9 analysis of the cumulative effect of all 

10 waivers under subparagraph (C) issued by 

11 the Administrator during the preceding 

12 calendar year on manufacturing employ13 ment in the United States. 

14 ‘‘(F) STATE REQUIREMENTS.—The Ad15 ministrator may not impose a limitation or con16 dition on assistance provided under this section 

17 that restricts— 

18 ‘‘(i) a State from imposing require19 ments that are more stringent than those 

20 imposed under this paragraph with respect 

21 to limiting the use of articles, materials, or 

22 supplies mined, produced, or manufactured 

23 in foreign countries for projects carried out 

24 with such assistance; or 


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1 ‘‘(ii) any recipient of such assistance 

2 from complying with the State require3 ments referred to in clause (i). 

4 ‘‘(G) INTENTIONAL VIOLATIONS.—Pursu5 ant to procedures established under subpart 9.4 

6 of chapter 1 of title 48, Code of Federal Regu7 lations (or successor regulations), a person shall 

8 be ineligible to receive a contract or subcontract 

9 funded with amounts made available from a 

10 State loan fund if the Administrator, the head 

11 of any department, agency, or instrumentality 

12 of the United States, or a court determines that 

13 the person intentionally— 

14 ‘‘(i) affixed a label bearing a ‘Made in 

15 America’ inscription, or any inscription 

16 with the same meaning, to any steel, iron, 

17 or manufactured goods that— 

18 ‘‘(I) were used in a project to 

19 which this section applies; and 

20 ‘‘(II) were not produced in the 

21 United States; or 

22 ‘‘(ii) represented that any steel, iron, 

23 or manufactured goods were produced in 

24 the United States that— 


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•S 1043 IS

1 ‘‘(I) were used in a project to 

2 which this paragraph applies; and 

3 ‘‘(II) were not produced in the 

4 United States. 

5 ‘‘(H) CONSISTENCY WITH INTERNATIONAL

6 AGREEMENTS.— 

7 ‘‘(i) IN GENERAL.—This paragraph 

8 shall be applied in a manner that is con9 sistent with United States obligations 

10 under international agreements. 

11 ‘‘(ii) TREATMENT OF FOREIGN COUN12 TRIES IN VIOLATION OF INTERNATIONAL

13 AGREEMENTS.—The Administrator shall 

14 prohibit the use of steel, iron, and manu15 factured goods produced in a foreign coun16 try in a project funded with amounts made 

17 available from a State loan fund, including 

18 any project for which the Administrator 

19 has issued a waiver under subparagraph 

20 (C), if the Administrator, in consultation 

21 with the United States Trade Representa22 tive, determines that the foreign country is 

23 in violation of the terms of an agreement 

24 with the United States by discriminating 

25 against steel, iron, or manufactured goods 


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•S 1043 IS

1 that are produced in the United States and 

2 covered by the agreement.’’. 

3 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

4 than 1 year after the date of enactment of this Act, and 

5 at least every 5 years thereafter, the Administrator of the 

6 Environmental Protection Agency shall review each stand7 ing nationwide waiver issued under paragraph (4) of sec8 tion 1452(a) of the Safe Drinking Water Act (42 U.S.C. 

9 300j–12(a)) (as added by this section) to determine 

10 whether continuing the waiver is necessary. 

11 SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVI12 SIONS. 

13 (a) IN GENERAL.—Title VI of the Public Works and 

14 Economic Development Act of 1965 (42 U.S.C. 3211 et 

15 seq.) is amended by adding at the end the following: 

16 ‘‘SEC. 613. BUY AMERICA. 

17 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

18 STATES.—In this section, the term ‘produced in the 

19 United States’ means, with respect to iron and steel, pro20 duced in a manner in which all manufacturing processes, 

21 including the application of coatings, occurs in the United 

22 States, other than a metallurgical process involving the re23 finement of steel additives. 

24 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

25 IRON, AND MANUFACTURED GOODS.— 


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•S 1043 IS

1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, amounts made available to carry 

3 out section 201 or 209 may not be obligated for a 

4 project unless the steel, iron, and manufactured 

5 goods used for the project are produced in the 

6 United States. 

7 ‘‘(2) SCOPE.—This section applies to all con8 tracts for a project carried out within the scope of 

9 the applicable finding, determination, or decision 

10 under the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) regardless of the 

12 funding source of those contracts, if at least 1 con13 tract for the project is funded with amounts made 

14 available to carry out section 201 or 209. 

15 ‘‘(c) EXCEPTIONS.— 

16 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary 

17 may waive the requirements of subsection (b) only if 

18 the Secretary finds that— 

19 ‘‘(A) applying subsection (b) would be in20 consistent with the public interest, as deter21 mined in accordance with the regulations re22 quired under paragraph (2); 

23 ‘‘(B) the steel, iron, or manufactured 

24 goods required for a project are not produced in 

25 the United States— 


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•S 1043 IS

1 ‘‘(i) in sufficient and reasonably avail2 able quantities; or 

3 ‘‘(ii) to a satisfactory quality; or 

4 ‘‘(C) the use of steel, iron, and manufac5 tured goods produced in the United States for 

6 a project will increase the total cost of the 

7 project by more than 25 percent. 

8 ‘‘(2) REGULATIONS.—Not later than 1 year 

9 after the date of enactment of this section, the Sec10 retary shall issue regulations establishing the criteria 

11 that the Secretary shall use to determine whether 

12 the application of subsection (b) is inconsistent with 

13 the public interest for purposes of paragraph (1)(A). 

14 ‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 

15 assistance under section 201 or 209 seeking a waiv16 er under paragraph (1) shall submit to the Secretary 

17 a request for the waiver in such form and containing 

18 such information as the Secretary may require. 

19 ‘‘(d) WAIVER REQUIREMENTS.— 

20 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR21 TUNITY FOR COMMENT ON REQUEST FOR A WAIV22 ER.— 

23 ‘‘(A) IN GENERAL.—If the Secretary re24 ceives a request for a waiver under subsection 

25 (c), the Secretary shall provide notice of and an 


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•S 1043 IS

1 opportunity for public comment on the request 

2 at least 30 days before making a finding based 

3 on the request. 

4 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

5 provided under subparagraph (A) shall— 

6 ‘‘(i) include the information available 

7 to the Secretary concerning the request, in8 cluding whether the request is being made 

9 under subparagraph (A), (B), or (C) of 

10 subsection (c)(1); and 

11 ‘‘(ii) be provided by electronic means, 

12 including on the official public Internet site 

13 of the Department. 

14 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

15 REGISTER.—If the Secretary issues a waiver under 

16 subsection (c), the Secretary shall publish in the 

17 Federal Register a detailed justification for the 

18 waiver that— 

19 ‘‘(A) addresses the public comments re20 ceived under paragraph (1)(A); and 

21 ‘‘(B) is published before the waiver takes 

22 effect. 

23 ‘‘(3) ANNUAL REPORT.—Not later than the 

24 first February 1 after the date of enactment of this 

25 section and not later than each February 1 thereVerDate Sep 11 2014 01:13 May 05, 2015 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1043.IS S1043

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•S 1043 IS

1 after, the Secretary shall submit to the Committee 

2 on Environment and Public Works of the Senate 

3 and the Committee on Transportation and Infra4 structure of the House of Representatives a report 

5 that— 

6 ‘‘(A) specifies each project with respect to 

7 which the Secretary issued a waiver under sub8 section (c) during the preceding calendar year; 

9 ‘‘(B) identifies the country of origin and 

10 product specifications for steel, iron, or manu11 factured goods acquired pursuant to each waiv12 er under subsection (c) issued by the Secretary 

13 during the preceding calendar year; 

14 ‘‘(C) summarizes the monetary value of 

15 contracts awarded pursuant to each waiver; 

16 ‘‘(D) provides the justification for each 

17 waiver, including the specific law, treaty, or 

18 international agreement under which the waiver 

19 was granted; 

20 ‘‘(E) summarizes the amounts expended 

21 on— 

22 ‘‘(i) steel, iron, and manufactured 

23 goods produced in the United States for 

24 projects with respect to which the Buy 

25 America requirement under this section 


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•S 1043 IS

1 applied during the preceding calendar year; 

2 and 

3 ‘‘(ii) steel, iron, and manufactured 

4 goods produced outside the United States 

5 for projects with respect to which the Sec6 retary issued a waiver under subsection (c) 

7 during the preceding calendar year; and 

8 ‘‘(F) provides an employment impact anal9 ysis of the cumulative effect of all waivers 

10 under subsection (c) issued by the Secretary 

11 during the preceding calendar year on manufac12 turing employment in the United States. 

13 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

14 not impose a limitation or condition on assistance provided 

15 under section 201 or 209 that restricts— 

16 ‘‘(1) a State from imposing requirements that 

17 are more stringent than those imposed under this 

18 section with respect to limiting the use of articles, 

19 materials, or supplies mined, produced, or manufac20 tured in foreign countries for projects carried out 

21 with such assistance; or 

22 ‘‘(2) any recipient of such assistance from com23 plying with the State requirements. 

24 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce25 dures established under subpart 9.4 of chapter 1 of title 


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•S 1043 IS

1 48, Code of Federal Regulations (or successor regula2 tions), a person shall be ineligible to receive a contract 

3 or subcontract funded with amounts made available to 

4 carry out section 201 or 209 if the Secretary, the head 

5 of any department, agency, or instrumentality of the 

6 United States, or a court determines that the person in7 tentionally— 

8 ‘‘(1) affixed a label bearing a ‘Made in Amer9 ica’ inscription, or any inscription with the same 

10 meaning, to any steel, iron, or manufactured goods 

11 that— 

12 ‘‘(A) were used in a project to which this 

13 section applies; and 

14 ‘‘(B) were not produced in the United 

15 States; or 

16 ‘‘(2) represented that any steel, iron, or manu17 factured goods were produced in the United States 

18 that— 

19 ‘‘(A) were used in a project to which this 

20 section applies; and 

21 ‘‘(B) were not produced in the United 

22 States. 

23 ‘‘(g) CONSISTENCY WITH INTERNATIONAL AGREE24 MENTS.— 


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•S 1043 IS

1 ‘‘(1) IN GENERAL.—This section shall be ap2 plied in a manner that is consistent with United 

3 States obligations under international agreements. 

4 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

5 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

6 Secretary shall prohibit the use of steel, iron, and 

7 manufactured goods produced in a foreign country 

8 in a project funded with amounts made available to 

9 carry out section 201 or 209, including any project 

10 for which the Secretary has issued a waiver under 

11 subsection (c), if the Secretary, in consultation with 

12 the United States Trade Representative, determines 

13 that the foreign country is in violation of the terms 

14 of an agreement with the United States by discrimi15 nating against steel, iron, or manufactured goods 

16 that are produced in the United States and covered 

17 by the agreement.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of the Public Works and Economic Devel20 opment Act of 1965 is amended by inserting after the item 

21 relating to section 612 the following: 

‘‘613. Buy America.’’. 

22 (c) REVIEW OF NATIONWIDE WAIVERS.—Not later 

23 than 1 year after the date of enactment of this Act, and 

24 at least every 5 years thereafter, the Secretary of Com25 merce shall review each standing nationwide waiver issued 


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•S 1043 IS

1 under section 613 of the Public Works and Economic De2 velopment Act of 1965 (as added by this section) to deter3 mine whether continuing the waiver is necessary. 

4 SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVI5 SIONS. 

6 (a) IN GENERAL.—Title VII of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act (42 

8 U.S.C. 5201 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 707. BUY AMERICA. 

11 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

12 STATES.—In this section, the term ‘produced in the 

13 United States’ means, with respect to iron and steel, pro14 duced in a manner in which all manufacturing processes, 

15 including the application of coatings, occurs in the United 

16 States, other than a metallurgical process involving the re17 finement of steel additives. 

18 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

19 IRON, AND MANUFACTURED GOODS.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law, funds made available under section 

22 203, 404, 406, 417, or 614 may not be obligated for 

23 a project unless the steel, iron, and manufactured 

24 goods used for the project are produced in the 

25 United States. 


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•S 1043 IS

1 ‘‘(2) SCOPE.—This section applies to all con2 tracts for a project carried out within the scope of 

3 the applicable finding, determination, or decision 

4 under the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.), regardless of the 

6 funding source of those contracts, if at least 1 con7 tract for the project is funded with amounts made 

8 available to carry out a section specified in para9 graph (1). 

10 ‘‘(c) EXCEPTIONS.— 

11 ‘‘(1) ISSUANCE OF WAIVERS.—The President 

12 may waive subsection (b) only if the President finds 

13 that— 

14 ‘‘(A) applying subsection (b) would be in15 consistent with the public interest, as deter16 mined in accordance with the regulations issued 

17 in accordance with paragraph (2); 

18 ‘‘(B) the steel, iron, or manufactured 

19 goods required for a project are not produced in 

20 the United States— 

21 ‘‘(i) in sufficient and reasonably avail22 able quantities; or 

23 ‘‘(ii) to a satisfactory quality; or 

24 ‘‘(C) the use of steel, iron, and manufac25 tured goods produced in the United States for 


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•S 1043 IS

1 a project will increase the total cost of the 

2 project by more than 25 percent. 

3 ‘‘(2) REGULATIONS.—Not later than 1 year 

4 after the date of enactment of the Invest in Amer5 ican Jobs Act of 2015, the President shall issue reg6 ulations establishing the criteria that the President 

7 shall use to determine whether the application of 

8 subsection (b) is inconsistent with the public interest 

9 for purposes of paragraph (1)(A). 

10 ‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 

11 assistance under a section specified in subsection 

12 (b)(1) seeking a waiver under paragraph (1) of this 

13 subsection shall submit to the President a request 

14 for the waiver in such form and containing such in15 formation as the President may require. 

16 ‘‘(d) WAIVER REQUIREMENTS.— 

17 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR18 TUNITY FOR COMMENT ON REQUEST FOR A WAIV19 ER.— 

20 ‘‘(A) IN GENERAL.—If the President re21 ceives a request for a waiver under subsection 

22 (c), the President shall provide notice of and an 

23 opportunity for public comment on the request 

24 at least 30 days before making a finding based 

25 on the request. 


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•S 1043 IS

1 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

2 provided under subparagraph (A) shall— 

3 ‘‘(i) include the information available 

4 to the President concerning the request, 

5 including whether the request is being 

6 made under subparagraph (A), (B), or (C) 

7 of subsection (c)(1); and 

8 ‘‘(ii) be provided by electronic means, 

9 including on the official public Internet site 

10 of the President. 

11 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

12 REGISTER.—If the President issues a waiver under 

13 subsection (c), the President shall publish in the 

14 Federal Register a detailed justification for the 

15 waiver that— 

16 ‘‘(A) addresses the public comments re17 ceived under paragraph (1)(A); and 

18 ‘‘(B) is published before the waiver takes 

19 effect. 

20 ‘‘(3) ANNUAL REPORT.—Not later than Feb21 ruary 1 of each year beginning after the date of en22 actment of the Invest in American Jobs Act of 2015, 

23 the President, acting through the Administrator of 

24 the Federal Emergency Management Agency, shall 

25 submit to the Committee on Homeland Security and 


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•S 1043 IS

1 Governmental Affairs of the Senate and the Com2 mittee on Transportation and Infrastructure of the 

3 House of Representatives a report that— 

4 ‘‘(A) specifies each project with respect to 

5 which the President issued a waiver under sub6 section (c) during the preceding calendar year; 

7 ‘‘(B) identifies the country of origin and 

8 product specifications for steel, iron, or manu9 factured goods acquired pursuant to each waiv10 er under subsection (c) issued by the President 

11 during the preceding calendar year; 

12 ‘‘(C) summarizes the monetary value of 

13 contracts awarded pursuant to each such waiv14 er; 

15 ‘‘(D) provides the justification for each 

16 such waiver, including the specific law, treaty, 

17 or international agreement under which the 

18 waiver was granted; 

19 ‘‘(E) summarizes the funds expended on— 

20 ‘‘(i) steel, iron, and manufactured 

21 goods produced in the United States for 

22 projects with respect to which the Buy 

23 America requirement under this section 

24 applied during the preceding calendar year; 

25 and 


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•S 1043 IS

1 ‘‘(ii) steel, iron, and manufactured 

2 goods produced outside the United States 

3 for projects with respect to which the 

4 President issued a waiver under subsection 

5 (c) during the preceding calendar year; and 

6 ‘‘(F) provides an employment impact anal7 ysis of the cumulative effect of all waivers 

8 under subsection (c) issued by the President 

9 during the preceding calendar year on manufac10 turing employment in the United States. 

11 ‘‘(e) STATE REQUIREMENTS.—The President may 

12 not impose a limitation or condition on assistance provided 

13 under a section specified in subsection (b)(1) that re14 stricts— 

15 ‘‘(1) a State from imposing requirements that 

16 are more stringent than those imposed under this 

17 section with respect to limiting the use of articles, 

18 materials, or supplies mined, produced, or manufac19 tured in foreign countries for projects carried out 

20 with such assistance; or 

21 ‘‘(2) any recipient of such assistance from com22 plying with such State requirements. 

23 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce24 dures established under subpart 9.4 of chapter 1 of title 

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•S 1043 IS

1 tions), a person shall be ineligible to receive a contract 

2 or subcontract funded with amounts made available to 

3 carry out a section specified in subsection (b)(1) if the 

4 President, the head of any department, agency, or instru5 mentality of the United States, or a court determines that 

6 such person intentionally— 

7 ‘‘(1) affixed a label bearing a ‘Made in Amer8 ica’ inscription, or any inscription with the same 

9 meaning, to any steel, iron, or manufactured goods 

10 that— 

11 ‘‘(A) were used in a project to which this 

12 section applies; and 

13 ‘‘(B) were not produced in the United 

14 States; or 

15 ‘‘(2) represented that any steel, iron, or manu16 factured goods were produced in the United States 

17 that— 

18 ‘‘(A) were used in a project to which this 

19 section applies; and 

20 ‘‘(B) were not produced in the United 

21 States. 

22 ‘‘(g) CONSISTENCY WITH INTERNATIONAL AGREE23 MENTS.— 


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•S 1043 IS

1 ‘‘(1) IN GENERAL.—This section shall be ap2 plied in a manner that is consistent with United 

3 States obligations under international agreements. 

4 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

5 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

6 President shall prohibit the use of steel, iron, and 

7 manufactured goods produced in a foreign country 

8 in a project funded with amounts made available to 

9 carry out a section specified in subsection (b)(1), in10 cluding any project for which the President has 

11 issued a waiver under subsection (c), if the Presi12 dent, in consultation with the United States Trade 

13 Representative, determines that the foreign country 

14 is in violation of the terms of an agreement with the 

15 United States by discriminating against steel, iron, 

16 or manufactured goods that are produced in the 

17 United States and covered by the agreement. 

18 ‘‘(h) EMERGENCY WAIVER.—Notwithstanding any 

19 other provision of this section, the President may waive 

20 the applicability of this section, in whole or in part, in 

21 an emergency.’’. 

22 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

23 than 1 year after the date of enactment of this Act, and 

24 at least every 5 years thereafter, the President shall review 

25 each standing nationwide waiver issued under section 707 


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•S 1043 IS

1 of the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (as added by this section) to determine 

3 whether continuing such waiver is necessary. 

4 (c) REPEAL OF BUY AMERICA REQUIREMENTS.— 

5 Section 306 of the Disaster Mitigation Act of 2000 (42 

6 U.S.C. 5206) is repealed. 

7 SEC. 204. BRIDGES OVER NAVIGABLE WATERS BUY AMER8 ICA PROVISIONS. 

9 (a) IN GENERAL.—The Act of June 21, 1940 (33 

10 U.S.C. 511 et seq.) (commonly known as the ‘‘Truman11 Hobbs Act’’), is amended by adding at the end the fol12 lowing: 

13 ‘‘SEC. 14. BUY AMERICA. 

14 ‘‘(a) DEFINITION OF PRODUCED IN THE UNITED

15 STATES.—In this section, the term ‘produced in the 

16 United States’ means, with respect to iron and steel, pro17 duced in a manner in which all manufacturing processes, 

18 including the application of coatings, occurs in the United 

19 States, other than a metallurgical process involving the re20 finement of steel additives. 

21 ‘‘(b) DOMESTIC SOURCE REQUIREMENT FOR STEEL, 

22 IRON, AND MANUFACTURED GOODS.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding any other 

24 provision of law, amounts made available to carry 

25 out this Act may not be used, in whole or in part, 


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•S 1043 IS

1 for a project for the alteration of a bridge unless the 

2 steel, iron, and manufactured goods used for the 

3 project are produced in the United States. 

4 ‘‘(2) SCOPE.—This section applies to all con5 tracts for a project carried out within the scope of 

6 the applicable finding, determination, or decision 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.), regardless of the 

9 funding source of those contracts, if at least 1 con10 tract for the project is funded with amounts made 

11 available to carry out this Act. 

12 ‘‘(c) EXCEPTIONS.— 

13 ‘‘(1) ISSUANCE OF WAIVERS.—The Secretary 

14 may waive the requirements of subsection (b) only if 

15 the Secretary finds that— 

16 ‘‘(A) applying subsection (b) would be in17 consistent with the public interest, as deter18 mined in accordance with the regulations re19 quired under paragraph (2); 

20 ‘‘(B) the steel, iron, or manufactured 

21 goods required for a project are not produced in 

22 the United States— 

23 ‘‘(i) in sufficient and reasonably avail24 able quantities; or 

25 ‘‘(ii) to a satisfactory quality; or 


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•S 1043 IS

1 ‘‘(C) the use of steel, iron, and manufac2 tured goods produced in the United States for 

3 a project will increase the total cost of the 

4 project by more than 25 percent. 

5 ‘‘(2) REGULATIONS.—Not later than 1 year 

6 after the date of enactment of this section, the Sec7 retary shall issue regulations establishing the criteria 

8 that the Secretary shall use to determine whether 

9 the application of subsection (b) is inconsistent with 

10 the public interest for purposes of paragraph (1)(A). 

11 ‘‘(3) REQUESTS FOR WAIVERS.—A recipient of 

12 assistance under this Act seeking a waiver under 

13 paragraph (1) shall submit to the Secretary a re14 quest for the waiver in such form and containing 

15 such information as the Secretary may require. 

16 ‘‘(d) WAIVER REQUIREMENTS.— 

17 ‘‘(1) PUBLIC NOTIFICATION OF AND OPPOR18 TUNITY FOR COMMENT ON REQUEST FOR A WAIV19 ER.— 

20 ‘‘(A) IN GENERAL.—If the Secretary re21 ceives a request for a waiver under subsection 

22 (c), the Secretary shall provide notice of and an 

23 opportunity for public comment on the request 

24 at least 30 days before making a finding based 

25 on the request. 


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•S 1043 IS

1 ‘‘(B) NOTICE REQUIREMENTS.—A notice 

2 provided under subparagraph (A) shall— 

3 ‘‘(i) include the information available 

4 to the Secretary concerning the request, in5 cluding whether the request is being made 

6 under subparagraph (A), (B), or (C) of 

7 subsection (c)(1); and 

8 ‘‘(ii) be provided by electronic means, 

9 including on the official public Internet site 

10 of the department in which the Coast 

11 Guard is operating. 

12 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

13 REGISTER.—If the Secretary issues a waiver under 

14 subsection (c), the Secretary shall publish in the 

15 Federal Register a detailed justification for the 

16 waiver that— 

17 ‘‘(A) addresses the public comments re18 ceived under paragraph (1)(A); and 

19 ‘‘(B) is published before the waiver takes 

20 effect. 

21 ‘‘(3) ANNUAL REPORT.—Not later than the 

22 first February 1 after the date of enactment of this 

23 section and not later than each February 1 there24 after, the Secretary shall submit to the Committee 

25 on Commerce, Science, and Transportation of the 


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•S 1043 IS

1 Senate and the Committee on Transportation and 

2 Infrastructure of the House of Representatives a re3 port that— 

4 ‘‘(A) specifies each project with respect to 

5 which the Secretary issued a waiver under sub6 section (c) during the preceding calendar year; 

7 ‘‘(B) identifies the country of origin and 

8 product specifications for steel, iron, or manu9 factured goods acquired pursuant to each waiv10 er under subsection (c) issued by the Secretary 

11 during the preceding calendar year; 

12 ‘‘(C) summarizes the monetary value of 

13 contracts awarded pursuant to each waiver; 

14 ‘‘(D) provides the justification for each 

15 waiver, including the specific law, treaty, or 

16 international agreement under which the waiver 

17 was granted; 

18 ‘‘(E) summarizes the amounts expended 

19 on— 

20 ‘‘(i) steel, iron, and manufactured 

21 goods produced in the United States for 

22 projects with respect to which the Buy 

23 America requirement under this section 

24 applied during the preceding calendar year; 

25 and 


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•S 1043 IS

1 ‘‘(ii) steel, iron, and manufactured 

2 goods produced outside the United States 

3 for projects with respect to which the Sec4 retary issued a waiver under subsection (c) 

5 during the preceding calendar year; and 

6 ‘‘(F) provides an employment impact anal7 ysis of the cumulative effect of all waivers 

8 under subsection (c) issued by the Secretary 

9 during the preceding calendar year on manufac10 turing employment in the United States. 

11 ‘‘(e) STATE REQUIREMENTS.—The Secretary may 

12 not impose a limitation or condition on assistance provided 

13 under this Act that restricts— 

14 ‘‘(1) a State from imposing requirements that 

15 are more stringent than those imposed under this 

16 section with respect to limiting the use of articles, 

17 materials, or supplies mined, produced, or manufac18 tured in foreign countries for projects carried out 

19 with such assistance; or 

20 ‘‘(2) any recipient of such assistance from com21 plying with the State requirements referred to in 

22 paragraph (1). 

23 ‘‘(f) INTENTIONAL VIOLATIONS.—Pursuant to proce24 dures established under subpart 9.4 of chapter 1 of title 

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•S 1043 IS

1 tions), a person shall be ineligible to receive a contract 

2 or subcontract funded with amounts made available under 

3 this Act if the Secretary, the head of any department, 

4 agency, or instrumentality of the United States, or a court 

5 determines that the person intentionally— 

6 ‘‘(1) affixed a label bearing a ‘Made in Amer7 ica’ inscription, or any inscription with the same 

8 meaning, to any steel, iron, or manufactured goods 

9 that— 

10 ‘‘(A) were used in a project to which this 

11 section applies; and 

12 ‘‘(B) were not produced in the United 

13 States; or 

14 ‘‘(2) represented that any steel, iron, or manu15 factured goods were produced in the United States 

16 that— 

17 ‘‘(A) were used in a project to which this 

18 section applies; and 

19 ‘‘(B) were not produced in the United 

20 States. 

21 ‘‘(g) CONSISTENCY WITH INTERNATIONAL AGREE22 MENTS.— 

23 ‘‘(1) IN GENERAL.—This section shall be ap24 plied in a manner that is consistent with United 

25 States obligations under international agreements. 


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1 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

2 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

3 Secretary shall prohibit the use of steel, iron, and 

4 manufactured goods produced in a foreign country 

5 in a project funded with amounts made available 

6 under this Act, including any project for which the 

7 Secretary has issued a waiver under subsection (c), 

8 if the Secretary, in consultation with the United 

9 States Trade Representative, determines that the 

10 foreign country is in violation of the terms of an 

11 agreement with the United States by discriminating 

12 against steel, iron, or manufactured goods that are 

13 produced in the United States and covered by the 

14 agreement. 

15 ‘‘(h) EMERGENCY WAIVER.—Notwithstanding any 

16 other provision of this section, the Secretary may waive 

17 the applicability of this section, in whole or in part, in 

18 an emergency.’’. 

19 (b) REVIEW OF NATIONWIDE WAIVERS.—Not later 

20 than 1 year after the date of enactment of this Act, and 

21 at least every 5 years thereafter, the Secretary of the de22 partment in which the Coast Guard is operating shall re23 view each standing nationwide waiver issued under section 


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1 14 of the Act of June 21, 1940 (as added by this section), 

2 to determine whether continuing the waiver is necessary. 

Æ 


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